The Law of Due Obedience ( es, Ley de obediencia debida) was a law passed by the

National Congress ''National Congress'' is a term used in the names of various political parties and legislatures . Political parties *Ethiopia: Oromo National Congress *Guyana: People's National Congress (Guyana) *India: Indian National Congress *Iraq: Iraqi Nati ...

Argentina Argentina (), officially the Argentine Republic ( es, link=no, República Argentina), is a country in the southern half of South America. Argentina covers an area of , making it the List of South American countries by area, second-largest ...

after the end of the military dictatorship of the

Proceso de Reorganización Nacional The National Reorganization Process (Spanish: ''Proceso de Reorganización Nacional'', often simply ''el Proceso'', "the Process") was the military dictatorship that ruled Argentina from 1976 to 1983, in which it was supported by the United Sta ...

(which started with a

coup d'état A coup d'état (; French for 'stroke of state'), also known as a coup or overthrow, is a seizure and removal of a government and its powers. Typically, it is an illegal seizure of power by a political faction, politician, cult, rebel group, m ...

in 1976 and ended in 1983). Formally, this law is referred to by number (Law No. 23,521), like all others in Argentine legislation, but ''Ley de Obediencia Debida'' is the only designation in common use, even in official speeches. The law was passed on 4 June 1987. It dictates that it must be assumed, without admitting proof to the contrary, that all officers and their subordinates including common personnel of the Armed Forces, the Police, the Penitentiary Service and other security agencies cannot be legally punished by crimes committed during the dictatorship as they were acting out of due obedience, that is, obeying orders from their superiors (in this case, the heads of the military government, who had already been tried in the

Trial of the Juntas The Trial of the Juntas ( es, Juicio a las Juntas) was the judicial trial of the members of the ''de facto'' military government that ruled Argentina during the dictatorship of the Proceso de Reorganización Nacional (''el proceso''), which last ...

). This law was passed one year after the ''

full stop law The Full stop law, ''Ley de Punto Final'', was passed by the National Congress of Argentina in 1986, three years after the end of the military dictatorship of the Proceso de Reorganización Nacional (1976 to 1983) and restoration of democracy. F ...

'' in order to contain the discontent of the Armed Forces. It effectively exempted military personnel under the rank of

colonel Colonel (abbreviated as Col., Col or COL) is a senior military officer rank used in many countries. It is also used in some police forces and paramilitary organizations. In the 17th, 18th and 19th centuries, a colonel was typically in charge ...

from responsibility for their crimes, which included

forced disappearance An enforced disappearance (or forced disappearance) is the secret abduction or imprisonment of a person by a state or political organization, or by a third party with the authorization, support, or acquiescence of a state or political organi ...

s, illegal detentions,

torture Torture is the deliberate infliction of severe pain or suffering on a person for reasons such as punishment, extracting a confession, interrogation for information, or intimidating third parties. Some definitions are restricted to acts ...

and

murder Murder is the unlawful killing of another human without justification or valid excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person without justification or excuse, especially the ...

s. Its text is rather short, with only 7 articles, the second of which contains an exception (the law does not apply to cases of rape, disappearance or identity forgery of minors, or extensive appropriation of real estate). The ''Ley de Obediencia Debida'' and the ''Ley de Punto Final'' were repealed by the

in August 2003, which allowed for the re-opening of cases that involved

crimes against humanity Crimes against humanity are widespread or systemic acts committed by or on behalf of a ''de facto'' authority, usually a state, that grossly violate human rights. Unlike war crimes, crimes against humanity do not have to take place within the ...

. The first of such cases, which involved the former

Buenos Aires Provincial Police The Buenos Aires Provincial Police (Spanish: ''Policía de la Provincia de Buenos Aires'', informally ''Policía Bonaerense'') is the police service responsible for policing the Province of Buenos Aires, in Argentina. It is one of the biggest po ...

second-in-command

Miguel Etchecolatz Miguel Osvaldo Etchecolatz (1 May 1929 – 2 July 2022) was an Argentine police officer, who worked in the Buenos Aires Provincial Police during the first years of the military dictatorship of the 1970s. Etchecolatz was deeply involved in the " ...

, ended in September 2006 and laid down jurisprudence by acknowledging that the dictatorship's

state terrorism State terrorism refers to acts of terrorism which a state conducts against another state or against its own citizens.Martin, 2006: p. 111. Definition There is neither an academic nor an international legal consensus regarding the proper def ...

was a form of

genocide Genocide is the intentional destruction of a people—usually defined as an ethnic, national, racial, or religious group—in whole or in part. Raphael Lemkin coined the term in 1944, combining the Greek word (, "race, people") with the ...

.BBC News, 21 August 2003
Argentina scraps amnesty laws

References

{{DEFAULTSORT:Ley De Obediencia Debida Presidency of Raúl Alfonsín Repealed Argentine legislation Dirty War 1987 in Argentina 1987 in law

See also

References